Should Nancy Pelosi Be Impeached?

Nancy Pelosi’s recent trip to Syria represents more than a partisan jab at the Bush Administration and its policies.It goes to the very heart of the consititutional foundation of our republic!

While Harry Reid is waving the Constitution in our faces – citing the independent power of the legislative branch of government – he conveniently diminishes the constitutional authority of the Presidency with his statement that the Democrats represent the people, while the President DOES NOT!

Ahem.While the election results of 2006 did shift legislative power to the Democrats – the 2004 election results installed Mr. Bush for a 4 year term, which still has a year and a half to run.Like it or not, and for better or worse, George Bush IS and REMAINS the President of the United States!

The Democrats, and particularly Pelosi and Reid, have apparently forgotten Constitution 101.The power to set Foreign Policy resides ONLY in the Presidency.As long as George Bush holds the office, HIS policy IS the Foreign Policy of the United States.

For that matter, the power to determine the Military’s mission and it’s strategies reside with the Commander in Chief – which role is also held solely by Mr. Bush.

Ms. Pelosi has been attempting to set herself up as the de-facto leader of a shadow government – operating to circumvent the constitutional authority and the relevancy of the President and of the office of the Presidency.This is an insurrection.An insurgency within our government!

There exists a federal law known as the Logan Act:

§ 953. Private correspondence with foreign governments.

Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both.

This section shall not abridge the right of a citizen to apply himself, or his agent, to any foreign government, or the agents thereof, for redress of any injury which he may have sustained from such government or any of its agents or subjects.

1 Stat. 613, January 30, 1799, codified at 18 U.S.C. § 953 (2004).

It would appear that Ms. Pelosi’s trip to Syria (in direct defiance of the President’s policies and his EXPRESSED dismay with her going ahead despite his encouragement not to) would be in violation of this law.

Nancy Pelosi’s trip was not sanctioned by the President nor the State Department.She did not have the “authority of the United States”.

Mr. Bush’s official policy regarding Syria is to regard them as a terrorist state – a “persona non-grata” nation with whom we have little diplomatic dialog.Travel to Syria by US citizens is restricted.

Ms. Pelosi went to Syria “directly or indirectly commencing or carryings on a correspondence or intercourse with a foreign government or an officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States”.There can be no question that her meetings with Asad would fit within this definition.

She claims she merely re-iterated and represented the policy of the United States.How is that possible when that policy, as set by the President, would have precluded her from going to Syria in the first place?

Violation of the Logan Act is a Felony punishable by up to 3 years in prison.If Ms. Pelosi has violated the act, this is an impeachable offense.

Where are the calls for hearings and investigations?Where is the special prosecutor?Why isn’t the mainstream media grilling the Speaker?

Doug Edelman is a conservative political commentator and a contributing editor for The Conservative Voice. His work is also seen on News By Us, The American Daily, The Post Chronicle, New Media Journal, Capitol Hill Coffee House etc. For the support of his family, however, he is also an IT Consultant/Contractor and owner of a Computer Services Business. He has taught PC Maintenance & Repair and Networking at his local Community College, and maintains a blog at http://edeldoug.blogs.com/.

You are correct - Congresspersons are not impeached. Semantical license was intentionally taken with the term "impeachment". I used the term for its common understanding as the removal of an officeholder for wrongdoing.

Constitutionally, the House can expel any member with a two-thirds vote - though this action would not technically be called impeachment. Expulsion of a sitting congressperson is rare, but not unheard of. Rep. Michael Myers, D-Pa. was expelled in 1980 and Rep. James Traficant D-OH was expelled in 2002.

While the likelihood of an expultion of Speaker Pelosi ever being debated, let alone gaining a two-thirds majority (given the current makeup of the House) is essentially nil... the Executive Branch can put them on the spot by indicting Ms Pelosi for violation of the Logan Act. She would then have to step down from the Speaker's position, and upon conviction the House would have little choice but to expel.

I would call upon Congress to do its duty and fulfil its responsibility to uphold the Constitution and to hold the Speaker to account.

Nancy Pelosi’s Syria trip represents a clear violation of the separation of powers and is akin to outright treason. Yes some republicans went to and they deserve to be ousted too, but they are not speaker of the house of the, “loyal opposition!!” When they write the history books of why America lost its republic, this certainly won’t be left out.